TNAG-2092-FCO40-2978-Royal-Hong-Kong-Police-Force-1990 — Page 93

Cont'd M 2

3.

G.F. 82

File No.

Page

what, anyway, of those who simply retire from

the force?

Although it is not necessary for present

<<

purposes and more consideration will in due

course be required

of Allegiance must

and that on

committment

lapse.

а

-

it seems to me that an Oath

be dependent on sovereignty

change of sovereignty the

created by the oath must somehow

(b) Abolition of Office

For the sake of completeness I advise that

there will, in the circumstances, be no abolition

of office and no compensation will be payable.

The continuance of employment by public servants

is assured by the JD, and by Article 100 of the

Basic Law. Whilst it may be necessary to provide

in domestic legislation for that transition,

the fact of the provisions referred to above and the continued application of

of the

legislation (including the Pensionable Offices

Order) lead me to the view that there is no

compelling argument in favour of the proposition for which the police officers contend.

I trust this is helpful.

Pensions

кит

(Peter Allan ) Crown Solicitor

30.5.90